DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John of God Health Care Inc T/A St John of God Health Care
(AG2021/5858)

ST JOHN OF GOD HEALTH CARE – AMA WA – MEDICAL PRACTITIONERS ENTERPRISE AGREEMENT 2021

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 JULY 2021

Application for approval of the St John of God Health Care - AMA WA - Medical Practitioners Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the St John of God Health Care - AMA WA - Medical Practitioners Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St John of God Health Care Inc T/A St John of God Health Care. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I note that several clauses of the Agreement may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Australian Salaried Medical Officers Federation being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 July 2021. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

St John of God Health Care Inc, trading as St John of God Health Care, applied to the Fair Work Commission for the approval of the St John of God Health Care – AMA WA – Medical Practitioners Enterprise Agreement 2021. The Australian Medical Association (WA Branch) acted as the employer representative, while the Health Professionals and Officers Association represented the employees. The application centred on the agreement's compliance with the Fair Work Act 2009 and its fairness to the parties involved.

The primary legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act and whether it exhibited genuine bargaining and fairness to both parties. The Commission examined the bargaining process, the contents of the agreement, and the implications for the employees and employer. It also considered the fairness of the agreement, including its compliance with the "better off overall test" and its impact on the employees' working conditions.

After evaluating the evidence and submissions, the Commission concluded that the agreement was the product of genuine bargaining and met the statutory requirements for approval. The agreement was deemed fair, meeting the "better off overall test" and not disadvantaging the employees. The Commission found that the agreement provided a reasonable balance of benefits and obligations for both parties, addressing the needs and interests of the employees while also considering the employer's operational requirements. The application was approved, and the agreement was registered under the Fair Work Act.

The final orders of the Commission were that the St John of God Health Care – AMA WA – Medical Practitioners Enterprise Agreement 2021 be approved and registered under the Fair Work Act, effective from the date of the decision. The agreement was to be in force until 30 June 2025, unless terminated earlier in accordance with its provisions.

St John of God Health Care Inc T/A St John of God Health Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established